Can I take FMLA for mental health reasons?

The Family and Medical Leave Act of 1993 is abbreviated as FMLA. It is a law that protects your work when you need to take time off for medical reasons. FMLA for mental health can also be used to care for a spouse, kid, or parent.


The basic answer is that FMLA does extend to mental health—but there are certain considerations.


What exactly does FMLA do for me?


The FMLA allows for up to 12 weeks of unpaid leave. During this time, your firm must also maintain your group health coverage. However, whether or not they pay wages during this time is entirely up to them.

When the 12-week period is up, the employer must reinstate you in the same or a comparable position (similar pay, similar job duties). In other words, they can't fire you for using FMLA, but that doesn't imply you'll have the same employment as before.


What are the FMLA restrictions?


Your employer may request proof of your mental disorder. Only a competent expert (often a doctor or therapist) can supply you with the necessary documentation. (While our online mental health screens are useful, they do not constitute medical documentation.)

Generally, you cannot claim FMLA unless you have been with the employer for at least 12 months. This time does not have to be sequential.

If feasible, provide a 30-day advance notice.

Not every employer is required to comply with FMLA. Only employers with 50 or more employees are covered by FMLA. If you work for a small business, they may follow FMLA voluntarily, but they are not required to.

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